Many industry experts have supported the new building byelaws, but many have also said that some decisions are impractical and cannot be achieved.
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The Assam cabinet approved the amendment of the Assam Unified Building Construction (Regulation) Byelaws, 2022, and the decision was notified by the government on November 20. The new bylaws are called the Assam Unified Building Construction (Regulation) (Amendment) Byelaws, 2024. The changes aim to support the state's future growth prospects. While many have supported these changes, some feel that if the regulations by the concerned authorities are not properly enforced, these changes may end up being "castles in the air." Several changes are also seen as impractical.
According to the new byelaws, there are significant changes for people intending to construct or demolish buildings. For example, anyone who plans to demolish and reconstruct a building or part of it within the notified Master Plan Area in Assam must submit an application to the competent authority in the prescribed form. Many builders view this as an "unnecessary" change that will further burden building owners.
City-based architect Ranel Das, a member of the Architect Association of Assam, told GPlus, “This is a very important decision because unregulated demolition causes many issues. When people must seek permission for demolition, construction materials will not pollute the environment, and the demolition process will be planned, which is not the case now.”
The amendments, according to Deepak Bezbaruah, director of the Town and Country Planning Department, are aimed at ensuring sustainable, healthy, and efficient urban development by improving land use, transportation, and mechanisms for capturing land value in urban areas. These changes are intended to create liveable cities with better infrastructure and planning.
Key changes in the amendment include an increased Floor Area Ratio (FAR) to encourage vertical growth, provisions for hazard mapping, a reduction in visitor parking, an enhancement of landscaped areas in buildings to promote groundwater percolation and recharge, encouragement for energy-efficient buildings, and improved fire safety norms.
A city-based builder, speaking to GPlus on condition of anonymity, called some of the changes “impractical.” He said, “The new bylaw mandates 60% landscaping on the ground, which is very impractical. With 50% of the area built upon, there must also be space for vehicles to pass and parking areas. How can 60% of the area be landscaped?”
Ranel Das clarified that after considering the built-up area, parking, and vehicle passage, the remaining space could be landscaped. He also suggested that authorities allow rooftop landscaping.
Another change in the new byelaws involves reducing the space allocated for visitor parking in residential buildings. Previously, 25% of the area was required for visitor parking, but now only 10% must be allocated. Many builders are unhappy with this decision.
Deepak Bezbaruah explained, “25% for visitor parking is unique to Assam and is not followed anywhere else in India. Residents don't have that many visitors, and some residents even own the visitor parking spaces in informal agreements with builders. Now, they must mandatorily provide visitor parking, and the rest of the space will be developed as green space."
Residential parking spaces are a major source of disputes in many apartment blocks and housing societies in Guwahati. With the increasing number of new vehicles, there are fewer roadside parking spots available. For residents and visitors to apartment buildings, parking is a significant issue, even if often overlooked. A source in the Real Estate Regulatory Authority (RERA) noted that selling parking spaces to buyers is "illegal" and that promoters must hand over such spaces to the society. The source added that while the new amendments are good for cities like Guwahati, they will only be effective if the bylaws are strictly enforced.
The RERA source further said, “In Guwahati, many promoters have sold flats without obtaining occupancy certificates from the authorities concerned. People should not be allowed to occupy spaces without occupancy certificates, but there is hardly any inspection by the authorities.” This is just one example of the issues that arise when bylaws are not properly enforced.
The Assam Real Estate and Infrastructure Developers’ Association (AREIDA) has welcomed the new Assam Unified Building Construction (Regulation) (Amendment) Byelaws, 2024. AREIDA President PK Sharma told GPlus, “The amendment is progressive and modern, considering the growing urban population that needs to be accommodated in a scientific manner, with supporting infrastructure.”
Sharma emphasised that road widening is a welcome development, along with more sustainable FAR norms for optimal land use. "The acquisition of land for public benefit, such as road widening through Transferable Development Rights (TDR), is a positive approach, and it is expected that most roads in urban areas will be systematically widened," Sharma said.
Other welcome changes include reducing the building permit approval time from 45 to 30 days, simplifying forms and providing incentives for affordable urban housing. The mandatory provision of EV charging infrastructure for 20% of parking spaces will support the EV market. A new "Build to Line" concept has been introduced to facilitate road widening.
Though these changes are largely welcomed by industry experts, only time will tell if they are practical or simply castles in the air.